Bill Text: AZ HB2336 | 2020 | Fifty-fourth Legislature 2nd Regular | Introduced
Bill Title: Overtime pay
Spectrum: Partisan Bill (Democrat 16-0)
Status: (Introduced - Dead) 2020-05-19 - Assigned to House RULES Committee [HB2336 Detail]
Download: Arizona-2020-HB2336-Introduced.html
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REFERENCE TITLE: overtime pay |
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State of
Arizona House of
Representatives Fifty-fourth
Legislature Second Regular
Session 2020 |
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HB 2336 |
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Introduced by Representatives Andrade: Blanc, Bolding, Chávez, DeGrazia,
Fernandez, Friese, Gabaldón, Hernandez A, Peten, Powers Hannley, Rodriguez,
Salman, Sierra, Terán, Tsosie |
AN ACT
amending title
23, chapter 2, article 7, Arizona Revised Statutes, by adding section
23-361.03; relating to the payment of wages.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 23, chapter 2, article 7, Arizona Revised Statutes, is amended by adding section 23-361.03, to read:
23-361.03. Overtime pay; exemption; rules
A. Notwithstanding
any other law, to qualify as an individual who is employed in a bona fide
administrative, executive or professional capacity and who is exempt from the
overtime pay requirements as prescribed in the fair labor standards act of 1938
and the regulations adopted pursuant to that act, an individual shall be
compensated on a salary basis in an amount per week, exclusive of board, lodging
or other facilities, that is not less than the amount determined by the
commission under Subsection D of this section.
B. The
salary requirements described in subsection A of this section do not apply to
teachers, licensed medical professionals, licensed attorneys or other
individuals who are employed in a professional capacity to whom the salary
requirements for exemption under the United States department of labor
regulations that were in effect in 2015 would not have applied.
C. The
required amount of compensation per week under subsection A of this section may
be either:
1. For an
individual who is employed in an administrative capacity or a professional
capacity, paid on a fee basis.
2. Translated
into equivalent amounts and paid on a basis that is for a period of time longer
than one week, including biweekly, semimonthly or monthly.
D. On the
effective date of this section, the commission shall set the salary amount
under subsection A of this section at the fortieth percentile of weekly earnings
of full-time nonhourly workers in the lowest-wage census region in the second
quarter of the year immediately preceding the update published by the United
States department of labor, bureau of labor statistics. On January 1, 2023, and every three years
thereafter, the commission shall adjust the salary amount under Subsection A of
this section to equal the fortieth percentile of weekly earnings of full-time
nonhourly workers in the lowest-wage census region in the second quarter of the
year immediately preceding the update published by the United States department
of labor, bureau of labor statistics.
E. The
commission may adopt rules to implement this section.
